Customary land practice in Negeri Sembilan : Sharia guideline

Customary land is part of the special features of the Adat Perpatih practiced by some communities in Negeri Sembilan. The customary land law is a law that regulates how this land can be managed and inherited to the heirs. However, there is a question whether the practice of inheritance of this custo...

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Main Author:	Tengku Mansur bin Tengku Zainal Abidin
Format:	Thesis
Language:	English
Subjects:	Adat law > Malaysia > Negeri Sembilan Land tenure Land trusts
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id	my-usim-ddms-12712
record_format	uketd_dc
spelling	my-usim-ddms-127122024-05-29T04:42:32Z Customary land practice in Negeri Sembilan : Sharia guideline Tengku Mansur bin Tengku Zainal Abidin Customary land is part of the special features of the Adat Perpatih practiced by some communities in Negeri Sembilan. The customary land law is a law that regulates how this land can be managed and inherited to the heirs. However, there is a question whether the practice of inheritance of this customary land is in line with Islamic teachings in particular on the distribution of inheritance and faraid. This is because customary lands can only be inherited to female heirs and there are also some sanctions against this land such as the sale restrictions. Hence, this study was conducted to identify the concept of customary land practices in Negeri Sembilan and the local community’s viewpoint. This study also analyses the principles of Shariah related to customary land and suggest a customary land-based guideline that coincides with syarak. This study uses a qualitative and quantitative approach that includes library research methods, questionnaires and inverviews. The findings show that customary land is still widely practiced by the people in Negeri Sembilan, but its understanding is diminished amongst the next generation. Shariah principles that can be associated with customary land practices include the concept of ihya’ al-mawat, urf, faraid, waqf, and trustees. The study proposes Syariah guidelines that divide the practice of customary land inheritance into three main stages of formation, protection and fortification. The study significant, especially lawmakers as a guide in the management of customary land that is coherent with shariah and generally to the public in understanding the principle of customary land more deeply. Universiti Sains Islam Malaysia 2019-08 Thesis en https://oarep.usim.edu.my/handle/123456789/12712 https://oarep.usim.edu.my/bitstreams/5512e9ae-d1ec-40db-b14f-75b14f506ff9/download 8a4605be74aa9ea9d79846c1fba20a33 Adat law -- Malaysia -- Negeri Sembilan Land tenure Land trusts
institution	Universiti Sains Islam Malaysia
collection	USIM Institutional Repository
language	English
topic	Adat law -- Malaysia -- Negeri Sembilan Land tenure Land trusts
spellingShingle	Adat law -- Malaysia -- Negeri Sembilan Land tenure Land trusts Tengku Mansur bin Tengku Zainal Abidin Customary land practice in Negeri Sembilan : Sharia guideline
description	Customary land is part of the special features of the Adat Perpatih practiced by some communities in Negeri Sembilan. The customary land law is a law that regulates how this land can be managed and inherited to the heirs. However, there is a question whether the practice of inheritance of this customary land is in line with Islamic teachings in particular on the distribution of inheritance and faraid. This is because customary lands can only be inherited to female heirs and there are also some sanctions against this land such as the sale restrictions. Hence, this study was conducted to identify the concept of customary land practices in Negeri Sembilan and the local community’s viewpoint. This study also analyses the principles of Shariah related to customary land and suggest a customary land-based guideline that coincides with syarak. This study uses a qualitative and quantitative approach that includes library research methods, questionnaires and inverviews. The findings show that customary land is still widely practiced by the people in Negeri Sembilan, but its understanding is diminished amongst the next generation. Shariah principles that can be associated with customary land practices include the concept of ihya’ al-mawat, urf, faraid, waqf, and trustees. The study proposes Syariah guidelines that divide the practice of customary land inheritance into three main stages of formation, protection and fortification. The study significant, especially lawmakers as a guide in the management of customary land that is coherent with shariah and generally to the public in understanding the principle of customary land more deeply.
format	Thesis
author	Tengku Mansur bin Tengku Zainal Abidin
author_facet	Tengku Mansur bin Tengku Zainal Abidin
author_sort	Tengku Mansur bin Tengku Zainal Abidin
title	Customary land practice in Negeri Sembilan : Sharia guideline
title_short	Customary land practice in Negeri Sembilan : Sharia guideline
title_full	Customary land practice in Negeri Sembilan : Sharia guideline
title_fullStr	Customary land practice in Negeri Sembilan : Sharia guideline
title_full_unstemmed	Customary land practice in Negeri Sembilan : Sharia guideline
title_sort	customary land practice in negeri sembilan : sharia guideline
granting_institution	Universiti Sains Islam Malaysia
_version_	1812444650821124096

Customary land practice in Negeri Sembilan : Sharia guideline

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